ENVIRONMENTAL POLICY

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Title 24

ENVIRONMENTAL POLICY

Chapter 1.

Crow Tribal Landfarm Act.13

1______________ Short Title. This part shall be known and may cited as the “Crow Tribal Landfarm Act”.

2______________ Purpose. (1) The Legislature finds that the safe and proper management of contaminated soil to

be treated by landfarming, the permitting of landfarm treatment facilities, and the siting of facilities are matters for

Crow Tribal regulation and are environmental issues that should properly be addressed and controlled by the tribe.

(2) It is the purpose of this part and it is the policy of this tribe to protect the public health and safety, the

health of living organisms, and the environment from the effects of the improper, inadequate, or unsound

management of contaminated soils; to establish a program of regulation over contaminated soils and the generation,

storage, transportation, treatment, and disposal of contaminated soils; to ensure the safe and adequate management

of contaminated soils within the boundaries of this tribe, and to authorize the department to adopt, administer, and

enforce a Landfarm program.

3______________ Non-Landfarm Soil Treatment Facilities. (1) The licensee of a facility that uses non-landfarm

remediation techniques (thermal, land application, biopile treatment technology, or other methods approved by the

department) shall obtain department approval prior to accepting any contaminated soil for treatment or storage. Any

non-landfarm remediation technique must protect human health and the environment at a level commensurate with

the landfarm standards provided in this subchapter.

4______________ Siting Standards For Landfarm Soil Treatment Facilities and One-Time Landfarms. (1)

The department may not issue a license for a landfarm facility unless it is located on a site meeting the following

standards:

(a)

a sufficient acreage of suitable land must be available to manage all

contaminated soils on site;

(b)

not located in a zoned residential area or other area where the facility

is otherwise prohibited;

(c)

not located within any 100 year floodplain;

(d)

not located in a wetland;

(e)

located in an area that will not result in the pollution of ground and

surface waters or any public or private water supply system; Specifically, treatment cells:

(i) must be more than 1,000 feet away from domestic water wells;

(ii) must be more than 500 feet away from any residential property boundary;

(iii) may not be located within 100 feet from the mean high water mark of surface water, or within 100 feet from the

centerline of an intermittent drainage;

(iv)

must be at least 25 feet vertical separation between the bottom of the

treatment zone and the uppermost aquifer's seasonally high water level beneath the facility;

(f)

a facility may not be located within 200 feet (60 meters) of an unstable

area unless the licensee demonstrates to the department that an alternative setback distance of less than 200 feet (60

meters) will prevent damage to the structural integrity of the treatment unit and will be protective of human health

and the environment;

(g)

the soil below the treatment zone must not exceed a hydraulic

conductivity of 1 x 10-5 cm\sec to a depth of 3 feet, and documentation of hydraulic conductivity must be provided

by a department approved methodology; and

(h)

a facility must be located and managed to allow for reclamation and

reuse of the land.

13 ENACTED AS CLB05-13, APRIL 2005 SESSION, CROW LEGISLATURE; SIGNED BY CHAIRMAN, MAY 5, 2005.

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(2) One-time landfarms may not be located within one mile of another landfarm facility.

5______________ Design Criteria For Landfarm Soil Treatment Facilities. (1) Facilities where the soil below

treatment zone (BTZ) has not been documented to meet the standards set forth in 4(1)(g) must be constructed with a

composite or synthetic barrier layer meeting the design standards of [5] (1) and (4).

(2) Where the depth to the uppermost aquifer's seasonally high water level has been proven to be greater

than 25 feet, but less than 50 feet, the licensee shall monitor groundwater according to a department approved plan.

(3) An intermediate or major landfarm facility must be designed to:

(a) restrict access to the facility through the use of fences and locking gates;

(b) establish a treatment cell slope gradient of 2% or less;

(i) berms must be constructed around the perimeter of each treatment cell;

(ii) berms and other surface water run-on and run-off controls must be designed to withstand a 24-hour, 25-year

precipitation event; and

(iii) berms must be constructed of clay or suitable material that can be compacted to prevent storm water migration;

and

(d) allow the sampling of soil and soil interstice below treatment zone

("BTZ") in a manner that protects the competency of the BTZ.

(4) Only an intermediate or major landfarm facility may accept liquid loads incapable of passing a paint

filter test according to EPA Method 9095. Such a facility must have a surface impoundment that meets the

following

criteria:

(a) the liner and berms must be designed to meet a compacted soil standard of at least 2 feet of 1x10-7 cm\sec

hydraulic conductivity; or

(i) the basin and berms must be lined with synthetic fabric meeting this requirement; or

(ii) the basin and berms must contain a composite liner meeting this requirement;

(b) construction of the surface impoundment liner and berms must be verified by means of construction quality

control (CQC) and construction quality assurance (CQA) plans and testing for construction of these elements in

accordance with submitted design specifications; and

construction, prior to accepting liquid waste;

(5) A soil treatment facility that stockpiles or stores contaminated soils outside of the bermed treatment cell

must meet the following criteria:

(a) there must be a specific storage area with a sufficient depth of low-permeability subsoils or liners to prevent

potential migration of contaminants;

(b) the licensee shall identify the storage area on the facility map and in the plan of operations.

(d) the subsurface of any unlined storage area must be sampled upon removal of the stockpiled soil to test for

contaminant infiltration;

(e) the storage area must meet the requirements of (1) of this rule.

(6) A licensee of a minor landfarm shall restrict public access by a method approved by the department.

Access may be restricted through a combination of natural and artificial barriers.

(7) A licensee of a minor landfarms shall prevent pollution of Crow Tribal waters through the use of

appropriate run-on and run-off controls.

6______________ Application For Landfarm Facility License. (1) An applicant for a landfarm facility license

shall submit the application materials specified; any owner or operator wishing to establish a solid waste

management system shall first submit an original application and 3 copies for a license to the department. The

application must be signed by the person responsible for the overall operation of the facility. The department shall

furnish application forms to interested persons. Such forms shall require at least the following information:

(1)

name and business address of applicant;

(2)

legal and general description and ownership status of the proposed locations, including the land

owner's name and address;

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(3)

documentation of ownership of the property or documentation demonstrating that the applicant

has the right to operate a solid waste management system on the property;

(4)

total acreage of proposed facility;

(5)

population size and centers to be served by the proposed facility;

(6)

name, address, and location of any public airports within 5 miles of the proposed facility;

(7)

location of any lakes, rivers, streams, springs, or bogs, onsite or within 2 miles of the facility

boundary;

(8)

facility location in relation to the base floodplain of nearby drainages;

(9)

pertinent water quality information;

(10)

geological, hydrological, and soil information, including at least the following:

(a)

Class II disposal facilities must submit geological, hydrological, and soil information that includes the

following at a minimum:

(i)

a hydrogeological and soils study as specified in [12];

(ii)

types and regional thickness of unconsolidated soils materials;

(iii) types and regional thickness of consolidated bedrock materials;

(iv)

regional and local geologic structure, including bedrock strike and dip, and fracture patterns;

(v)

geological hazards including but not limited to slope stability, faulting, folding, rockfall, landslides,

subsidence, or erosion potential, that may affect the design and operation of the facility for solid waste management;

(vi)

depth to and thickness of perched ground water zones and uppermost aquifers;

(vii) information regarding any domestic wells within one mile of the site boundary, including well location, well

depth, depth to water, screened intervals, yields and aquifers tapped;

(viii) an evaluation of the potential for impacts to existing surface water and ground water quality from the proposed

facility for solid waste management;

(b)

transfer station and Class III and Class IV disposal facility applications must include sufficient soils,

hydrologic and geologic information so that the department can evaluate the proposed safety and environmental

impact of the proposed design;

(c)

a ground water monitoring plan or a demonstration meeting the requirements of the following must be

submitted for Class IV disposal facilities;

(i)

Ground water monitoring at a facility may be waived by the department if the facility owner or operator can

demonstrate there is no potential for hazardous constituents to contaminate the uppermost aquifer.

(ii)

No-migration petitions must be accompanied by facility specific data and studies and must be certified by a

qualified ground water scientist. No-migration demonstrations must be based on:

(1)

Site-specific field collected measurements, sampling, and analysis of physical, chemical, and biological

processes affecting contaminant fate and transport; and

(2)

Contaminant fate and transport predictions that maximize contaminant migration and consider impacts on

human health and environment.

(iii)

No-migration petitions must demonstrate that ground water will not become contaminated for at least 30

years after the entire facility is closed.

(iv)

The department may deny any no-migration petition or variance if the department determines that

insufficient data and studies exist to demonstrate no potential for migration of contaminants or leachate at a facility.

(vii) The department may require the installation of vadose zone monitoring devices, piezometers or saturated zone

monitor wells as part of a ongoing no-migration demonstration.

(11)

present uses of adjacent lands and the owner's name and current address;

(12)

zoning information;

(13) site maps and plans, drawn to a convenient common scale, that show the location and dimensions of

any planned excavations, buildings, roads, fencing, access, or other structures proposed on-site;

(14) in addition to the above required site plan, all facilities which manage Group II waste must submit

technical design specifications and a site plan that includes the following:

(a)

the type, quantity, and location of any material that will be required for use as a daily and intermediate

cover over the life of the site and facility;

(b)

the type and quantity of any material that will be required for use as liner material or final cover, including

its compaction density and moisture content specifications, the design permeability, and construction quality control

and construction quality assurance plans;

(c)

the location and depth of cut for any liners;

(d)

the location and depths of any proposed fill or processing areas;

(e)

the location, dimensions, and grades of any surface water diversion structures;

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(f)

the location and dimensions of any surface water containment structures, including those designed to

impound contaminated runoff leachate, sludge, or liquids for evaporative treatment;

(g)

the location of any proposed monitoring points for surface water, ground water quality, and explosive

gases;

(h)

the location, type, and dimensions of any fencing to be placed on-site;

(i)

the final contours and grades of any fill surface after closure;

(j)

the location of each discrete phase of development;

(k)

the design details and specifications of any final cap, liner, and leachate collection and removal system,

including construction quality control and assurance plans and testing for construction of these elements of design;

(l)

a location map showing all the proposed structures and areas for unloading, baling, compacting, storage,

and loading, including the dimensions, elevations, and floor plans for these structures and areas, including the

general process flow; and

(m)

the design details and specifications of the facility's drainage, septic and water supply systems;

(15)

other maps, drawings related to the design or environmental impact of the proposed facility;

(16)

name and address of individual operator;

(17)

proposed operation and maintenance plan;

(18) other information necessary for the department to comply with the Crow Tribal Environmental Policy

Act chapter 1, parts 1-3;

(19) closure and post-closure care plans; and

(20) Reserved.

(2) An applicant for an intermediate or major landfarm facility license shall also provide the following

information for department review and

approval:

(a) information regarding liability insurance and any other insurance relating to the facility; and

(b) technical design specifications, construction plans, and a detailed site plan that contain the following:

(i) the location and logs for any soil sample, test pit, boring, or well used to determine site characteristics;

(ii) the type, quantity and source of any material that will be used as liner and berm material, including its

compaction density and moisture content specifications, the design permeability, and construction quality control

and construction quality assurance plans;

(iii) the design and location of any proposed storage or treatment areas;

(iv) the design and location of any liquid containment or storage structures, including those designed to impound or

recirculate run-off, leachate, or other liquids for evaporative treatment or irrigation;

(v) the location, dimensions, and grades of any surface water diversion and drainage structures;

(vi) monitoring system design specifications, and the proposed location of monitoring points for contaminant

migration;

(vii) the location, type, and dimensions of any fencing to be placed on-site;

(viii) the projected final contours and grades of all treatment cells after closure;

(ix) the location of each discrete phase of development; and

(x) the design details and specifications of any septic or water supply systems.

7______________ Requirements For The Operation And Maintenance of Landfarm Facilities. (1) A person

operating an intermediate or major landfarm facility within the Crow Reservation boundaries shall:

(a) submit a quality assurance/quality control (QA/QC) plan and protocol for waste, soil and water sampling events;

(i) the analytical test methods must be consistent for each treatment cell and the wastes placed in the cell.

(ii) The Massachusetts Method for Extractable Petroleum Hydrocarbons (EPH)/Volatile Petroleum Hydrocarbons

(VPH); or

(iii) Gasoline Range Organics (GRO)/Diesel Range Organics (DRO)/Total Petroleum Hydrocarbons (TPH) may be

used for waste analysis; or

(iv) other Department-approved methods.

(b) collect background soil samples from the proposed treatment cell

location(s) before contaminated soil is placed in the treatment cell, as

follows:

(i) one composite soil sample consisting of 5 sub-samples taken from 1 to 3 feet below the treatment zone must be

collected for each acre of the proposed treatment cell;

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(ii) each background sample must, at a minimum, be analyzed for volatile petroleum hydrocarbons (VPH) or total

petroleum hydrocarbons (TPH), depending on the method proposed for use by the facility, methyl tertiary-butyl

ether(MTBE), benzene, toluene, ethylbenzene, xylene (BTEX), and napthylene (collectively known as

MBTEXN),and total RCRA metals.

Sampling and analysis shall be done according to department-approved sampling and analytical methodology;

(iii) additional analyses of background samples may be required if soils accepted for treatment may potentially have

constituents not referenced in (ii), above;

(iv) sample holes must be back-filled and compacted with clean soil of the same or lower permeability of the

existing soil, or bentonite;

(v) the department reserves the right to diminish the frequency of background sampling based on the applicant's

demonstration that sufficient characterization has been achieved.

(2) The licensee of a facility where groundwater monitoring is required shall construct monitoring wells in

accordance with [12];

(3) The licensee of a facility that is required to monitor groundwater by subchapter [5], or this rule, shall take

background water samples and have them analyzed by department-approved analytical methodologies for

conductivity, the constituents required in (1)(b)(ii) of this rule, and any other constituent that may be required by the

department before the facility may accept contaminated soils.

(4) The department may require a licensee to conduct groundwater monitoring at a facility if contaminant migration

is detected in the below treatment zone area of the treatment cell. If monitoring is required, a licensee shall submit a

detection monitoring plan meeting the requirements of Subchapter 9 of this Chapter for department review and

approval and then conduct groundwater monitoring pursuant to the approved plan, as follows:

(a) groundwater must be sampled for those contaminant constituents detected in the BTZ; and

(b) groundwater monitoring must continue until contaminants are no longer detected in the BTZ and/or

groundwater.

(5) If groundwater monitoring indicates the presence of contaminants, the licensee shall verbally notify the

department of the contaminants detected within 48-hours and provide a subsequent written sampling report to the

department within 30 days.

(6) If groundwater detection monitoring indicates the presence of contaminant constituents in 2 consecutive

sampling events, the licensee shall continue to monitor in accordance with the approved detection monitoring plan

and within 90 days prepare and submit an assessment of corrective measures pursuant to;

(a)

The assessment shall include an analysis of the effectiveness of potential corrective measures in meeting all

of the requirements and objectives of the remedy as described under (d) of this rule, addressing at least the

following:

(b)

The performance, reliability, ease of implementation, and potential impacts of appropriate potential

remedies, including safety impacts, cross-media impacts, and control of exposure to any residual contamination;

(ii)

The time required to begin and complete the remedy;

(iii) The costs of remedy implementation; and

(iv)

The institutional requirements such as state or local permit requirements or other environmental or public

health requirements that may substantially affect implementation of the remedy(ies).

(c)

The owner or operator must discuss the results of the corrective measures assessment, prior to the selection

of remedy, in a public meeting with interested and affected parties.

(d) Based on the results of the corrective measures assessment conducted under (a-b) of this rule, the owner or

operator must select a remedy that, at a minimum, meets the standards listed in (b) below. The owner or operator

must notify the department, within 14 days of selecting a remedy, that a report has been placed in the operating

record describing the selected remedy and how it meets the standards in (b) below.

(b)

Remedies must:

(i)

Be protective of human health and the environment;

(ii)

Attain the ground water protection standard as specified pursuant to (5) of this rule;

(7) Once the department approves the assessment of corrective measures, the licensee shall implement the

selected remedy.

(8) Before a facility may discharge storm water to tribal waters, or disturb more than one acre of ground

during construction or operation, the licensees shall obtain a permit from the department.

(9) The licensee of a facility shall document the initial characterization of contaminated soils prior to

application in the treatment cell as follows:

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(a) the licensee shall create a waste acceptance form to document source, volume, type and concentration of

contaminants within incoming soils.

Analytical documentation for incoming contaminated soils in the form of laboratory reports from a departmentapproved laboratory must be attached to acceptance forms;

(b) at least 1 composite sample consisting of 5 sub-samples per composite must be collected per each 200 cubic

yards of contaminated soil from the same contaminant source;

(i) composite samples must be analyzed for contaminants suspected to be within the soil by analytical methodology

approved by the department;

(ii) if the source of contamination within the soil is unknown, the licensee shall consult with the department for

preferred analytical methodology; and

(iii) the department may reduce soil characterization sampling frequency for large volumes of soils where it has

been demonstrated that the contamination is from one known source and the contaminated soils are naturally

homogeneous.

(10) A licensee shall place contaminated soils that do not have analytical documentation upon arrival at the

facility within a bermed treatment cell or designed stockpile area for analytical sampling and characterization.

(11) The department may require greater sampling frequency and treatability studies in cases where the

contaminant may be complex or difficult to treat.

(12) Incoming volumes of contaminated soils may be placed in the treatment cell with similar types of

contaminants (i.e., gasoline, diesel), however:

(a) individual volumes from particular occurrences must be segregated by treatment zone within a treatment cell;

and

(b) the licensee shall create a system to identify the boundaries of the individual treatment zone undergoing

treatment within the cell.

(13) The licensee of any landfarm facility shall manage each treatment zone within the treatment cell to

provide the most efficient and environmentally sound remediation for the type of contaminated soil(s) undergoing

treatment as follows:

(a) contaminated soil must be applied in lifts less than or equal to 1 foot;

(b) contaminated soil must be tilled twice during the first month on the treatment cell and at least monthly

thereafter, when soils are not frozen;

(d) cobbles, boulders, rocks or other consolidated materials and debris that may impede soil mixing and passage of

air or water through the soil or damage tillage equipment must be removed and treated separately; and

(e) no more than 1600 cubic-yards of material may be treated per acre at any time.

(14) A licensee may apply liquids into the treatment cells under the following conditions:

(a) the soils undergoing treatment may not be saturated above the field capacity of the soil;

(b) liquid wastes may only be applied to soils containing similar contaminants.

(14) A licensee may use non-naturally occurring bioremediation agents only if approved by the department

prior to application to the treatment zone.

(15) Reserved for permits for air when there is a potential to emit air pollutants in excess of the limits set by

the Crow Tribe.

(16) The licensee of a landfarm facility shall employ best management practices to control fugitive dust

emissions from the facility.

(17) In addition to baseline sampling, a licensee shall take soil treatment samples from the lower half of

each treatment cell during April, July, and October, or according to an alternative schedule approved by the

department.

(18) A licensee shall have treatment samples analyzed using the same methodology as was performed to

determine baseline conditions.

(a) If new contaminants have been added to the treatment zone after baseline sampling, all contaminants need

analysis.

(b) The department may approve alternative methodologies.

(19) The licensee shall regularly monitor the following treatment parameters and make any necessary

adjustment to maintain optimum bioremediation conditions for all types of contaminated soils under

treatment:

(a)

organic carbon to available nitrogen to phosphorous ratio (C:N:P);

(b) moisture content;

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(d) temperature (if applicable).

(20) The licensee of an intermediate or major landfarm facility shall collect and analyze 1 composite

samples per ½ acre from 1 to 3 feet below the treatment zone of the treatment cell at the end of each treatment

season.

(a) Each sample must be composed of 5 sub-samples.

(b) All sub-samples must be from the same treatment cell.

(d) Below treatment zone samples must be analyzed using the same methodology as was performed to determine

background, or a department approved alternative.

(e) Below treatment zone sampling must be done in a manner protective to the liner of the treatment cell, and must

not open a contaminant migration pathway.

(21) If contaminant migration or leaching is indicated by changes in the background chemistry of the below

treatment zone:

(a) the licensee must notify the department;

(b) additional contaminated soils may not be brought to the facility without department approval;

migration is no longer indicated; and

(d) the department may require the licensee to clean-up and close the facility if the licensee cannot document that

contaminant migration has been corrected.

(22) The following chart defines the maximum allowable metals content in applied wastes and the treatment

zone of landfarm facilities:

ELEMENT

Arsenic (As)

Barium (Ba)

Cadmium (Cd)

Chromium (Cr)

Lead (Pb)

Mercury (Hg)

Selenium (Se)

Silver (Ag)

MAXIMUM TCLP CONCENTRATION (in ppm)

5.0

100

1.0

5.0

0.2

1.0

5.0

(23) Minor landfarms may only accept or possess petroleum contaminated soils.

8______________ Landfarm Facility Record Keeping Requirements. (1) The licensee of a landfarm facility

shall maintain an operating record at the facility or at an alternative location approved by the department.

(2) The licensee shall keep the operating record up-to-date and it must be available for department

inspection during normal business hours or by previous arrangement. The operating record must contain the

following information as it becomes available:

(a) background analytical documents for soils below the treatment zone and groundwater (if required);

(b) waste stream acceptance forms and analytical documentation;

(d) treatment zone maintenance items, including appropriate maps and dates

for:

(i) tillage events;

(ii) carbon to nitrogen to phosphorous (C:N:P) ratio and nutrient addition;

(iii) moisture content and irrigation;

(iv) soil pH and pH adjustments, if necessary;

(v) addition of bulking agents;

(vi) addition of bioremediation enhancers or amendments; or

(vii) other information relative to treatment zone maintenance;

(e) reports, dates and maps for remediation sampling events and analytical results;

(f) reports, dates and maps for below treatment zone sampling events and analytical results;

(g) groundwater sampling events and analytical results (if required);

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(h) quarterly static water level measurements (if required);

(i) date and volume of treated soils removed from treatment cell; and

(j) disposition and end use for treated soils.

(3) The licensee shall maintain the following information in the operating record as it becomes available

and send it to the department as part of the annual report required under [13]:

(a) dates and results of all remediation sampling events for each separate volume of contaminated soil under

treatment, including generator tracking code, type of contaminant, test methodology, baseline concentration, volume

being treated, and months under treatment;

(b) dates, types and results of all treatment maintenance activities such as BTZ sampling, C:N:P monitoring, tilling,

irrigation, nutrient or bulking supplementation, and other pertinent activities;

9______________ Landfarm Facility Remediation Requirements. (1) Contaminated soils may be considered

remediated when:

(a) Total Petroleum Hydrocarbons, levels are permanently reduced to below 100 parts per million (ppm) and total

BTEX concentrations are less than 10 ppm, of which benzene cannot be greater than 1 ppm, or

(b) Total Extractable Hydrocarbons and Total Purgeable Hydrocarbons levels are permanently reduced to below 100

parts per million (ppm) and total BTEX concentrations are less than 10 ppm, of which benzene cannot be greater

than

1 ppm, or

(d) soils contaminated with constituents other than petroleum hydrocarbons must be evaluated on a case by case

basis. Department approval is required.

(2) Documented analytical results from at least 3 seasonal remediation sampling events must demonstrate

contaminant concentrations have been stabilized and that:

(a) remediation levels have been achieved through demonstration that biodegradation has occurred to the maximum

extent possible under proper operating conditions; and

(b) three consecutive seasonal sampling results have equal concentrations of contaminants being analyzed or are all

within a 5% range.

(3) When remediation of contaminated soils within a treatment zone has been documented to be complete,

the following may occur:

(a) the remediated material may be removed and replaced by additional contaminated soils for treatment;

(b) an additional lift may be applied to the treatment zone for treatment

if:

(i) the maximum depth of remediated soil within the treatment cell does not exceed a depth of 5 feet;

(ii) the run-on/run-off berms are maintained and/or modified in a manner which accommodates the changes within

the treatment cell(s);

(iii) below treatment zone sampling occurs at the appropriate depth necessary to reach the original 1 to 3 feet BTZ;

(4) A licensee may not supply, and a person may not use, remediated soils in any situation that may threaten

human health and the environment, for residential topsoil, or for any purpose in school playgrounds or day care

centers.

(5) Appropriate end-uses for soils remediated according to (1) or (2), above, are as follows:

Major Contaminant

POST REMEDIATION USE LEVELS (ppm)

Heavy Fuel

hydrocarbons <60

60 200

200 2000

(C24-30)

Diesel

<10

10 200

200 500

>500

(C12-C24)

Gasoline

<20

20 100

100 250

(C6-C12)

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>2000

>250

Benzene

<0.005

Ethylbenzene <0.005

Toluene

<0.005

0.005 to 0.5 <0.5

.005 20

<20

>0.5

>20

.005 40

<40

>40

Xylenes

<0.005

.005 20

(Total)

POST REMEDIATION USE

<20

>20

Level 1: Any use not prohibited by (4) above, which will not threaten human health or the environment.

Level 2: Backfill at a cleanup site, fill in industrial areas, daily cover or fill at licensed landfills, road sub grade or

road construction fill.

Level 3: Daily cover or disposal in a licensed Class II landfill, road sub grade that will be completely covered with

impermeable road surface material, or re treatment at a licensed landfarm.

Level 4: Re treatment in a landfarm or disposal in a licensed Class II facility.

(a) A person may not use soils with contaminants other than those listed in this subsection until they have been

evaluated by the Department on a case by case basis based on biodegradation performance and risk evaluation.

(b) Soils with concentrations of metals exceeding the limits specified in subchapter 7 of this chapter may be used

only for Level 3 or 4 uses.

10______________ Landfarm Facility Closure Requirements. (1) A licensee shall close a facility under a plan

approved by the department.

(2) All contaminated soils under management must be documented to have achieved maximum remediation

pursuant to [9].

(3) Remediated soils that will be left at the facility must not contain RCRA metals above the limit specified

in subchapter [7](22), or nitrates or phosphorous above the annual agronomic uptake rate for the proposed revegetation.

(4) closure options for remediated soils include:

(a) removing remediated soils to a location approved by the department in conformance with [9]; or

(b) spreading and contouring soils remediated to Level 1 of [9](5) in place; or

vegetation.

(5) Facility berms must be removed, leveled, or used for final cover.

Access roads must be reclaimed if not necessary for post-closure use;

(6) Disturbed areas of the facility must be re-vegetated with native plant growth or other department

approved species capable of survival and growth throughout the post-closure period.

(7) The final topography of the facility must not result in ponded areas and must prevent erosion.

(8) Any facility groundwater wells not intended for post-closure use must

be properly abandoned.

(9) Reserved.

(10) Final closure is subject to department inspection and approval.

11______________ Landfarm Facility Post-Closure Requirements. (1) A licensee of a landfarm facility shall

monitor the reclaimed site for vegetative success for a minimum of 2 years after closure, place documentation of the

monitoring in the operating record, and submit the results annually to the department.

(2) The department may extend monitoring past the 2-year minimum if post-closure monitoring indicates a

potential threat to human health or the environment.

(3) The department may require corrective action to mitigate possible environmental degradation resulting

from facility operations and maintenance.

12______________ Monitoring Well Construction. (1) All ground water monitoring wells must be constructed

by a licensed monitoring well constructor with approval of the department, to the standards approved by the

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department, and as required by this section, so as to obtain representative static water level data and ground water

samples. An owner or operator may request from the department a waiver of the requirements listed in this rule for

wells already constructed by the date of implementation of this rule. However, this waiver can only apply to wells

previously approved by the department.

(2)

Water samples may not be collected from piezometers unless constructed to specifications for

standard monitoring wells.

(3)

Drilling fluids and water may be used to drill monitoring wells only when there are no reasonable

alternatives. If drilling fluids are used, the owner/operator shall document the type of fluids, any additives used and

the chemical constituents of the mixture. If water is used, the source of water shall be identified.

(4)

Drill rigs and all downhole equipment must be cleaned in accordance with technically accepted

procedures prior to initiation of drilling on site. If site investigation is conducted at an existing landfill facility, then

the rig and all downhole equipment must be decontaminated prior to the first borehole and between each borehole.

(5)

When drilling equipment comes into contact with probable contaminants in the borehole or above

ground, the driller shall thoroughly decontaminate the equipment prior to any additional drilling.

(6)

A hydrogeologist, qualified ground water scientist, or other qualified person shall:

(a)

observe and direct the drilling of all borings, the installation and development of all wells and all in-field

hydraulic conductivity tests;

(b)

demonstrate their competency in hydrogeology by submitting to the department a statement of

qualifications before commencing work; and

(c)

visually describe and classify all of the geologic samples derived from boring and well cuttings or samples.

(7)

All monitoring wells must be constructed:

(a)

to minimize the potential for contaminants to enter the ground water or to move from one major soil unit or

bedrock formation to another;

(b)

with a difference of 3 to 5 inches between the outer diameter of the casing/screen and the inner diameter of

the surface of the borehole to facilitate placement of the filter pack, as well as annular sealants; and

(c)

with grout or other seal material extended down to within 5 feet of the zone being monitored.

(8)

All ground water monitoring wells shall have caps to prevent contaminants from entering the

monitoring device. All monitoring wells shall have protective outer casings and locking lids. The lids shall be kept

locked. The department may require additional protective devices such as rings of brightly colored posts around

any monitoring device.

(9)

All monitoring wells shall be clearly and permanently labeled and water level measuring points

clearly marked. At a minimum, the label shall include the well name and number.

(10)

All ground water monitoring wells must be properly developed to remove fine soil particles, drill

cuttings and drilling fluids from the vicinity of the well screen. After development the ground water must be tested

for pH, temperature, specific conductance and total suspended solids. If liquid drilling fluids were used during well

construction, a sample must also be tested for chemical oxygen demand. After development, all wells must be

repeatedly measured for static water level until stabilized measurements are obtained.

(11)

Ground water monitoring well information must be reported on department approved forms. The

department will provide forms for reporting ground water monitoring well construction, boring log information, well

development, and other ground water monitoring information as required by the department, including:

(a)

the type, diameter, length and elevation of the top of the protective casing;

(b)

the grout used as a surface seal between the well casing and the protective casing, including the depth and

width of surface seal below the land surface, the height and width of the plug above the land surface;

(c)

the type of cap and lock mechanism;

(d)

the well casing material, length, diameter, schedule, and type of joints;

(e)

the screen material, length, diameter, schedule, slot type and size, percent open area, and type of screen

bottom;

(f)

the distance the filter pack extends above the screen;

(g)

the thickness of the filter/gravel pack (i.e. the spacing differential between the outer diameter of the

casing/screen and the inner diameter of the surface of the borehole);

(h)

local datum or mean sea level elevations of the top of casing and land surface to plus or minus 0.05 feet,

depth from the land surface to an elevation of the bottom of the borehole, the bottom of the well screen, and top and

bottom of all seals; and horizontal well locations identified by the landfill coordinate system to the nearest ten feet;

(i)

the filter pack material, including grain size analysis, quantity of packing material used and manufacturer

and product name or number;

(j)

the drilling fluid including additives or water added during drilling;

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(k)

the drilling method used, type of drill rig, borehole diameter, inside diameter of the hollow stem auger, if

used, cleaning procedures, and the date the well was drilled; and

(l)

the date the well was developed, development method, time spent developing the well, volume of water

removed and added during development, source of development water, the clarity of water before and after

development, presence of sediment at the bottom of the well before and after development, and volume of water

purged.

(12)

Requirements for drilling are as follows:

(a)

In order to create a stable, open, vertical well hole for installation of the well screen and riser, one of the

following drilling methods must be utilized, listed in decreasing order of preference:

(i)

Drilling with hollow stem augers is the most preferred method.

(ii)

Air rotary drilling with an oil filter/trap.

(iii) Cable tool methods and other percussion tool drilling may be attempted in hard, consolidated formations.

(iv)

Reverse circulation drilling is preferred to wet rotary drilling.

(v)

Wet rotary drilling with clean water only and insertion of temporary flush-joint casing, with consideration

being given to the procedures used to prevent mixing of upper zones with lower zones.

(b)

Continuous soil sampling or sampling collection at five foot intervals and lithologic changes should be

performed.

(c)

All materials used in construction must be free of chemicals, paint, coatings, etc., that could leach.

Decontamination of all downhole assemblies must be performed, using steam or an appropriate alternative.

(d)

When assembling a well screen, riser, and sampler, there must be a stable borehole. The order of steps to

complete the well must be:

(i)

assembly of well screen and riser;

(ii)

setting the well screen;

(iii) placement of the filter/gravel pack;

(iv)

placement of the seal;

(v)

grouting of the annular space;

(vi) well protector;

(vii) installation of the [dedicated] sampler.

(e)

Well development must be continued until representative formation water, free of the effects of well

construction, is obtained and the specific conductance, temperature, and pH have stabilized.

13______________ Annual Reporting, Consolidated Operations, License Classifications. (1) Any person

owning or operating a facility that manages solid waste shall submit to the department by April 1 of each year, on a

form provided by the department, the following information:

(a) service areas and population of those areas;

(b) total tonnage of solid waste received and disposed of during the previous year. Facilities that do not operate

scales and that measure the volume of waste received and disposed of will use the following conversions to

determine tonnage:

(i) loose refuse (residential and commercial) = 300 pounds per cubic yard;

(ii) compacted refuse (packer truck) = 700 pounds per cubic yard.

for treatment and under treatment during the previous year as demonstrated by compilation of waste acceptance

forms, bills of lading, or trip tickets;

(d) for a large or small composter facility, a report summarizing:

(i) the kinds of materials accepted;

(ii) the total volume in cubic yards of material accepted; and

(iii) the tons of compost produced.

(e) for facilities licensed primarily for the storage, treatment, processing, or disposal of waste tires, the kind and

number of tires received by the facility and the number of tires processed, treated, disposed of, or removed from the

facility during the previous year.

(2) The department may not assess additional fees for composting, household hazardous waste collection, or

landfarm operations conducted at a licensed facility that disposes of Group II wastes through landfilling if those

operations are:

(a) conducted on the same site as the landfill; and

(b) included in the facility's approved plan of operation.

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(3) Fees for the following special categories of Class IV units and facilities are as follows:

(a) for a Class IV unit at a Class II facility there is no additional fee. However the design and operation of the

Class IV unit must be included in the facility's design and operation plan and the disposal fee per ton applies to

wastes placed in the Class IV unit.

(b) for a Class III facility that applies to upgrade to Class IV, the application review fee is 50% of the respective

fee specified for the appropriate Class IV facility in the following table;

APPLICATION REVIEW FEE SCHEDULE

FACILITY

REVIEW FEE

Major Class II facility

$12,000

Intermediate Class II facility

$ 9,000

Minor Class II facility

$ 6,000

Major Class III facility

$ 3,600

Minor Class III facility

$ 2,400

Major Class IV facility

$ 3,600

Minor Class IV facility

$ 2,400

Major incinerator

$12,000

Intermediate incinerator

$ 9,000

Minor incinerator

$ 600

Major landfarm facility

$ 3,600

Intermediate landfarm facility

$ 2,400

Minor landfarm facility

$ 1,200

One-time landfarm ( ³ 800 cubic yds)

$ 500

One-time landfarm (<800 cubic yds)

$ 200

Transfer station ( ³ 10,000 tons/yr)

$ 8,400

Transfer station (<10,000 tons/yr)

$ 4,800

Large composter operation

$ 3,600

Small composter operation

$ 0

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Chapter 2.

Crow Tribal Environmental Policy Act14

Part 1. General Provisions

1EA1____________ Short title. Parts 1 through 3 may be cited and known as the "Crow Tribal Environmental

Policy Act".

1EA2____________ Purpose. The purpose of parts 1 through 3 is to declare a Crow Tribal policy that will

encourage productive and enjoyable harmony between humans and their environment, to protect the right to use and

enjoy private property free of undue government regulation, to promote efforts that will prevent or eliminate damage

to the environment and biosphere and stimulate the health and welfare of humans, to enrich the understanding of the

ecological systems and natural resources important to the Crow Tribe, and to establish an environmental quality

council.

1EA3____________ Policy. (1) The legislature, recognizing the profound impact of human activity on the

interrelations of all components of the natural environment, particularly the profound influences of population

growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological

advances, recognizing the critical importance of restoring and maintaining environmental quality to the overall

welfare and human development, and further recognizing that governmental regulation may unnecessarily restrict

the use and enjoyment of private property, declares that it is the continuing policy of the Crow Tribe of Indians, in

cooperation with the federal government, local governments, and other concerned public and private organizations,

to use all practicable means and measures, including financial and technical assistance, in a manner calculated to

foster and promote the general welfare, to create and maintain conditions under which humans and nature can

coexist in productive harmony, to recognize the right to use and enjoy private property free of undue government

regulation, and to fulfill the social, economic, and other requirements of present and future generations of people

living within the exterior boundaries of the Crow Reservation.

(2) In order to carry out the policy set forth in parts 1 through 3, it is the continuing responsibility of the Crow

Tribe of Indians to use all practicable means consistent with other essential considerations of tribal policy to

improve and coordinate tribal plans, functions, programs, and resources so that the tribe may:

(a) fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

(b) ensure for all people within the Crow Reservation boundaries safe, healthful, productive, and aesthetically

and culturally pleasing surroundings;

other undesirable and unintended consequences;

(d) protect the right to use and enjoy private property free of undue government regulation;

(e) preserve important historic, cultural, and natural aspects of our unique heritage and maintain, wherever

possible, an environment that supports diversity and variety of individual choice;

(f) achieve a balance between population and resource use that will permit high standards of living and a wide

sharing of life's amenities; and

(g) enhance the quality of renewable resources and approach the maximum attainable recycling of depletable

resources.

(3) The legislature recognizes that each person is entitled to a healthful environment, that each person is entitled

to use and enjoy that person's private property free of undue government regulation, and that each person has a

responsibility to contribute to the preservation and enhancement of the environment.

1EA4____________ Specific statutory obligations unimpaired. Nothing in 1EA3 or 2EA1 shall in any way affect

the specific statutory obligations of any department of the Crow Tribe to:

(1) comply with criteria or standards of environmental quality;

(2) coordinate or consult with any other state or federal agency; or

(3) act or refrain from acting contingent upon the recommendations or certification of any other state or federal

agency.

14 ENACTED AS CLB05-12, APRIL 2005 SESSION, CROW LEGISLATURE; SIGNED BY CHAIRMAN, MAY 5, 2005.

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1EA5____________ Policies and goals supplementary. The policies and goals set forth in parts 1 through 3 are

supplementary to those set forth in existing authorizations of all boards, commissions, and departments of the Crow

Tribe.

1EA6____________ Private property protection -- ongoing programs of tribal government. Nothing in 1EA2,

1EA3, or 2EA1 expands or diminishes private property protection afforded in the U.S. or Crow Tribal constitutions.

Nothing in 1EA2, 1EA3, or 2EA1 may be construed to preclude ongoing programs of the Crow Tribal government

pending the completion of any statements that may be required by 1EA2, 1EA3, or 2EA1.

1EA7____________ Reserved for Environmental Rehabilitations and Response Account.

1EA8____________ Environmental Quality Council Appointment and Composition. The environmental

quality council consists of 9 members as follows:

(1) the Chairman or the Chairman's designated representative is an ex officio member of the council and shall

participate in council meetings as a nonvoting member;

(2) 3 members of the Executive Branch appointed by the Chairman and 3

Members of the Legislative Branch appointed by the speaker of the house before the _____the legislative day in the

same manner as standing committees of the respective branches are appointed.

(3) Two members of the general public. One public member must be appointed by the Legislative Branch speaker

of the house and one must be appointed by the Chairman of the Executive Branch.

(4) the term for each council member is four years.

1EA9____________ Reserved.

Part 2. Environmental Impact Statements

2EA1____________ General directions -- environmental impact statements. (1) The legislature authorizes and

directs that, to the fullest extent possible:

(a) the policies, regulations, and laws of the Crow Tribe must be interpreted and administered in accordance with

the policies set forth in parts 1 through 3;

(b) under this part, all agencies of the Crow Tribe, except the legislature and except as provided in subsection (2),

shall:

(I) use a systematic, interdisciplinary approach that will ensure:

(A) the integrated use of the natural and social sciences and the environmental design arts in planning and in

decision making that may have an impact on the human environment; and

(B) that in any environmental review that is not subject to subsection (1)(b)(iv), when an agency considers

alternatives, the alternative analysis will be in compliance with the provisions of subsections (1)(b)(iv)(C)(I) through

(1)(b)(iv)(C)(III) and, if requested by the project sponsor or if determined by the department to be necessary,

subsection (1)(b)(iv)(C)(IV);

(ii) identify and develop methods and procedures that will ensure that presently unquantified environmental

amenities and values may be given appropriate consideration in decision making, along with economic and technical

considerations;

(iii) identify and develop methods and procedures that will ensure that the Crow Tribal government actions that

may impact the human environment are evaluated for regulatory restrictions on private property, as provided in

subsection (1)(b)(iv)(D);

(iv) include in each recommendation or report on proposals for projects, programs, and other major actions of

tribal government significantly affecting the quality of the human environment a detailed statement on:

(A) the environmental impact of the proposed action;

(B) any adverse environmental effects that cannot be avoided if the proposal is implemented;

comply with the following criteria:

(I) any alternative proposed must be reasonable, in that the alternative must be achievable under current

technology and the alternative must be economically feasible as determined solely by the economic viability for

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similar projects having similar conditions and physical locations and determined without regard to the economic

strength of the specific project sponsor;

(II) the department proposing the alternative shall consult with the project sponsor regarding any proposed

alternative, and the department shall give due weight and consideration to the project sponsor's comments regarding

the proposed alternative;

(III) if the project sponsor believes that an alternative is not reasonable as provided in subsection (1)(b)(iv)(C)(I),

the project sponsor may request a review by the appropriate board, if any, of the department's determination

regarding the reasonableness of the alternative. The appropriate board may, at its discretion, submit an advisory

recommendation to the department regarding the issue. The department may not charge the project sponsor for any

of its activities associated with any review under this section. The period of time between the request for a review

and completion of a review under this subsection may not be included for the purposes of determining compliance

with the time limits established for environmental review in 2EA8.

(IV) The department shall complete a meaningful no-action alternative analysis. The no-action alternative

analysis must include the projected beneficial and adverse environmental, social, and economic impact of the

project's no completion.

(D) Any regulatory impacts on private property rights, including whether alternatives that reduce, minimize, or

eliminate the regulation of private property rights have been analyzed. The analysis in this subsection (1) (b) (IV)

(D) need not be prepared if the proposed action does not involve the regulation of private property.

(E) the relationship between local short-term uses of the human environment and the maintenance and

enhancement of long-term productivity;

(F) any irreversible and irretrievable commitments of resources that would be involved in the proposed action if

it is implemented; and

(G) the details of the beneficial aspects of the proposed project, both short-term and long-term, and the economic

advantages and disadvantages of the proposal;

(v) in accordance with the criteria set forth in subsection (1)(b)(iv)(C), study, develop, and describe appropriate

alternatives to recommend courses of action in any proposal that involves unresolved conflicts concerning

alternative uses of available resources;

(vi) recognize the national and long-range character of environmental problems and, when consistent with the

policies of the Crow Tribe, lend appropriate support to initiatives, resolutions, and programs designed to maximize

national cooperation in anticipating and preventing a decline in the quality of the world environment;

(vii) make available to counties, municipalities, institutions, and individuals advice and information useful in

restoring, maintaining, and enhancing the quality of the environment;

(viii) initiate and use ecological information in the planning and development of resource-oriented projects; and

(ix) assist the environmental quality council established by 1EA8.

official shall consult with and obtain the comments of any Crow Tribal department that has jurisdiction by law or

special expertise with respect to any environmental impact involved. The responsible Crow Tribal official shall also

consult with and obtain comments from any Crow Tribal department with respect to any regulation of private

property involved. Copies of the statement and the comments and views of the appropriate tribal, state, federal, and

local agencies that are authorized to develop and enforce environmental standards must be made available to the

Chairman, the environmental quality council, and the public and must accompany the proposal through the existing

agency review processes.

(d) a transfer of an ownership interest in a lease, permit, license, certificate, or other entitlement for use or

permission to act by a department, either singly or in combination with other Crow Tribal departments, does not

trigger review under subsection (1) (b) (iv) if there is not a material change in terms or conditions of the entitlement

or unless otherwise provided by law.

(2) The department of public service regulation, in the exercise of its regulatory authority over rates and charges

of railroads, motor carriers, and public utilities, is exempt from the provisions of parts 1 through 3.

(3) (a) In any action challenging or seeking review of a department’s decision that a statement pursuant to

subsection (1)(b)(iv) is not required or that the statement is inadequate, the burden of proof is on the person

challenging the decision. Except as provided in subsection (3)(b), in a challenge to the adequacy of a statement, the

Crow Tribal Court may not consider any issue relating to the adequacy or content of the department’s environmental

review document or evidence that was not first presented to the department for the department’s consideration prior

to the department’s decision. The court may not set aside the department’s decision unless it finds that there is clear

and convincing evidence that the decision was arbitrary or capricious or not in compliance with law.

(b) When new, material, and significant evidence or issues relating to the adequacy or content of the

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department’s environmental review document are presented to the Crow Tribal Court that had not previously been

presented to the agency for its consideration, the court shall remand the new evidence or issue relating to the

adequacy or content of the department’s environmental review document back to the department for the

department’s consideration and an opportunity to modify its findings of fact and administrative decision before the

Crow Tribal court considers the evidence or issue relating to the adequacy or content of the department’s

environmental review document within the administrative record under review. Immaterial or insignificant evidence

or issues relating to the adequacy or content of the department’s environmental review document may not be

remanded to the department. The Crow Tribal court shall review the department’s findings and decision to

determine whether they are supported by substantial, credible evidence within the administrative record under

review.

(4) To the extent that the requirements of subsections (1)(b)(iv)(C)(I) and (1)(b)(iv)(C)(III) are inconsistent with

federal requirements, the requirements of subsections (1)(b)(iv)(C)(I) and (1)(b)(iv)(C)(III) do not apply to an

environmental review that is being prepared by a tribal department pursuant to this part and a federal agency

pursuant to the National Environmental Policy Act or to an environmental review that is being prepared by a tribal

department to comply with the requirements of the National Environmental Policy Act.

(5) (A) the department may not withhold, deny, or impose conditions on any permit or other authority to act

based on parts 1 through 3 of this chapter.

(b) Nothing in this subsection (5) prevents a project sponsor and a department from mutually developing

measures that may, at the request of a project sponsor, be incorporated into a permit or other authority to act.

proposed project or action.

(6) (A) A challenge to a department action under this part may only be brought against a final department action

and may only be brought in Crow Tribal court. Any action or proceeding challenging a final department action

alleging failure to comply with or inadequate compliance with a requirement under this part must be brought within

60 days of the action that is the subject of the challenge.

(b) Any action or proceeding under subsection (6) (a) must take precedence over other cases or matters in the

tribal court unless otherwise provided by law.

(7) The director of the department responsible for the determination or recommendation shall endorse in writing

any determination of significance made under subsection (1)(b)(iv) or any recommendation that a determination of

significance be made.

(8) A project sponsor may request a review of the significance determination or recommendation made under

subsection (7) by the appropriate board, if any. The appropriate board may, at its discretion, submit an advisory

recommendation to the department regarding the issue. The period of time between the request for a review and

completion of a review under this subsection may not be included for the purposes of determining compliance with

the time limits established for environmental review in 2EA8.

2EA2____________ Department rules to prescribe fees. Each Department of the Crow Tribal government

charged with the responsibility of issuing a lease, permit, contract, license, or certificate under any provision of

Crow Tribal law may adopt rules prescribing fees which shall be paid by a person, corporation, partnership, firm,

association, or other private entity when an application for a lease, permit, contract, license, or certificate will

require a department to compile an environmental impact statement as prescribed by 2EA1. A department must

determine within 30 days after a completed application is filed whether it will be necessary to compile an

environmental impact statement and assess a fee as prescribed by this part. The fee assessed under this part shall be

used only to gather data and information necessary to compile an environmental impact statement as defined in parts

1 through 3. No fee may be assessed if a department intends only to file a negative declaration stating that the

proposed project will not have a significant impact on the human environment.

2EA3____________ Fee schedule -- maximums. (1) In prescribing fees to be assessed against applicants for a

lease, permit, contract, license, or certificate as specified in 2EA2, a department may adopt a fee schedule that may

be adjusted depending upon the size and complexity of the proposed project. A fee may not be assessed unless the

application for a lease, permit, contract, license, or certificate will result in the department incurring expenses in

excess of $2,500 to compile an environmental impact statement.

(2) The maximum fee that may be imposed by a department may not exceed 2% of any estimated cost up to $1

million, plus 1% of any estimated cost over $1 million and up to $20 million, plus 1/2 of 1% of any estimated cost

over $20 million and up to $100 million, plus 1/4 of 1% of any estimated cost over $100 million and up to $300

million, plus 1/8 of 1% of any estimated cost in excess of $300 million.

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(3) If an application consists of two or more facilities, the filing fee must be based on the total estimated cost of

the combined facilities. The estimated cost must be determined by the department and the applicant at the time the

application is filed.

(4) Each department shall review and revise its rules imposing fees as authorized by this part at least every 2

years.

(5) In calculating fees under this section, the department may not include in the estimated project cost the project

sponsor's property or other interests already owned by the project sponsor at the time the application is submitted.

Any fee assessed may be based only on the projected cost of acquiring all of the information and data needed for the

environmental impact statement.

2EA4____________ Application of administrative procedure act. In adopting rules prescribing fees as authorized

by this part, a department shall comply with the provisions of the Crow Tribal Administrative Procedure Act to be

adopted.

2EA5____________ Use of fees. All fees collected under this part shall be deposited in the Crow Tribal

Environmental Protection Programs Budget. All fees paid pursuant to this part shall be used as herein provided.

Upon completion of the necessary work, each department will make an accounting to the applicant of the funds

expended and refund all unexpended funds without interest.

2EA6____________ Multiple applications or combined facility. In cases where a combined facility proposed by

an applicant requires action by more than one department or multiple applications for the same facility, the

Chairman shall designate a lead department to collect one fee pursuant to this part, to coordinate the preparation of

information required for all environmental impact statements which may be required, and to allocate and disburse

the necessary funds to the other departments which require funds for the completion of the necessary work.

2EA7____________ Reserved.

2EA8____________ Environmental review procedure. (1) (A) except as provided in subsection (1) (b), a

department shall comply with this section when completing any environmental review required under this part.

(b) To the extent that the requirements of this section are inconsistent with federal requirements, the requirements

of this section do not apply to an environmental review that is being prepared jointly by a Crow tribal department

pursuant to this part and a federal agency pursuant to the National Environmental Policy Act or to an environmental

review that must comply with the requirements of the National Environmental Policy Act.

(2) A project sponsor may, after providing a 30-day notice, appear before the environmental quality council at

any regularly scheduled meeting to discuss issues regarding the department’s environmental review of the project.

The environmental quality council shall ensure that the appropriate department personnel are available to answer

questions.

(3) If a project sponsor experiences problems in dealing with the department or any consultant hired by the

department regarding an environmental review, the project sponsor may submit a written request to the department

director requesting a meeting to discuss the issues. The written request must sufficiently state the issues to allow the

department to prepare for the meeting. If the issues remain unresolved after the meeting with the department

director, the project sponsor may submit a written request to appear before the appropriate board, if any, to discuss

the remaining issues. A written request to the appropriate board must sufficiently state the issues to allow the

department and the board to prepare for the meeting.

(4) (a) Subject to the requirements of subsection (5), to ensure a timely completion of the environmental review

process, an agency is subject to the time limits listed in this subsection (4) unless other time limits are provided by

law. All time limits are measured from the date the department receives a complete application. A department has:

(I) 60 days to complete a public scoping process, if any;

(ii) 90 days to complete an environmental review unless a detailed statement pursuant to 2EA1(1)(b)(iv) is

required; and

(iii) 180 days to complete a detailed statement pursuant to 2EA1(1)(b)(iv).

(b) The period of time between the request for a review by a board and the completion of a review by a board

under 2EA1 (1) (b) (iv) (C) (III) or (8) or subsection (10) of this section may not be included for the purposes of

determining compliance with the time limits established for conducting an environmental review under this

subsection or the time limits established for permitting of specific permits.

(5) An department may extend the time limits in subsection (4) by notifying the project sponsor in writing that an

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extension is necessary and stating the basis for the extension. The department may extend the time limit one time,

and the extension may not exceed 50% of the original time period as listed in subsection (4). After one extension,

the department may not extend the time limit unless the department and the project sponsor mutually agree to the

extension.

(6) If the project sponsor disagrees with the need for the extension, the project sponsor may request that the

appropriate board, if any, conduct a review of the department's decision to extend the time period. The appropriate

board may, at its discretion, submit an advisory recommendation to the department regarding the issue.

(7) (a) Except as provided in subsection (7) (b), if a department has not completed the environmental review by

the expiration of the original or extended time period, the agency may not withhold a permit or other authority to act

unless the agency makes a written finding that there is a likelihood that permit issuance or other approval to act

would result in the violation of a statutory or regulatory requirement.

(b) Reserved.

(8) Under this part, a department may only request that information from the project sponsor that is relevant to

the environmental review required under this part.

(9) A department shall ensure that the notification for any public scoping process associated with an

environmental review conducted by the agency is presented in an objective and neutral manner and that the

notification does not speculate on the potential impacts of the project.

(10) A department may not require the project sponsor to provide engineering designs in greater detail than that

necessary to fairly evaluate the proposed project. The project sponsor may request that the appropriate board, if any,

review an department's request regarding the level of design detail information that the department believes is

necessary to conduct the environmental review. The appropriate board may, at its discretion, submit an advisory

recommendation to the department regarding the issue.

(11) A department shall, when appropriate, consider the cumulative impacts of a proposed project. However,

related future actions may only be considered when these actions are under concurrent consideration by any

department through preimpact statement studies, separate impact statement evaluations, or permit processing

procedures.

2EA9____________ Definitions. For the purposes of this part, the following definitions apply:

(1) "Appropriate board" means, for administrative actions taken under this part by the:

(a) department of environmental quality, the board of environmental review, as provided for in 1EA8 & 1EA9;

(b) department of fish, wildlife, and parks, the fish, wildlife, and parks commission.

(d) Department of natural resources and conservation for Crow Tribal trust land issues.

(e) Department of natural resources and conservation for oil and gas issues, the board of oil and gas committee.

(f) Department of agriculture, the board of livestock.

(2) "Complete application" means, for the purpose of complying with this part, an application for a permit,

license, or other authorization that contains all data, studies, plans, information, forms, fees, and signatures required

to be included with the application sufficient for the department to approve the application under the applicable

statutes and rules.

(3) "Cumulative impacts" means the collective impacts on the human environment of the proposed action when

considered in conjunction with other past, present, and future actions related to the proposed action by location or

generic type.

(4) "Environmental review" means any environmental assessment, environmental impact statement, or other

written analysis required under this part by a Crow Tribal department of a proposed action to determine, examine, or

document the effects and impacts of the proposed action on the quality of the human and physical environment as

required under this part.

(5) "Project sponsor" means any applicant, owner, operator, agency, or other entity that is proposing an action

that requires an environmental review.

(6) "Public scoping process" means any process to determine the scope of an environmental review.

Part 3. Environmental Quality Council

3EA1____________ Definition of council. In this part "council" means the environmental quality council provided

for in 1EA8.

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3EA2____________ Meetings. The council may determine the time and place of its meetings but shall meet at least

once each quarter. Each member of the council is entitled to receive compensation and expenses. Members who are

full-time salaried officers or employees of the Crow Tribe may not be compensated for their service as members but

shall be reimbursed for their expenses.

3EA3____________ Examination of records of government departments. The council shall have the authority to

investigate, examine, and inspect all records, books, and files of any department, agency, commission, board, or

institution of the Crow Tribe.

3EA4____________ Hearings -- council subpoena power -- contempt proceedings. In the discharge of its duties

the council shall have authority to hold hearings, administer oaths, issue subpoenas, compel the attendance of

witnesses and the production of any papers, books, accounts, documents, and testimony, and to cause depositions of

witnesses to be taken in the manner prescribed by law for taking depositions in civil actions in the Crow Tribal

court. In case of disobedience on the part of any person to comply with any subpoena issued on behalf of the council

or any committee thereof or of the refusal of any witness to testify on any matters regarding which he may be

lawfully interrogated, it shall be the duty of the Crow Tribal court or the judge thereof, on application of the council,

to compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena

issued from such court on a refusal to testify therein.

3EA5____________ Consultation with other groups -- utilization of services. In exercising its powers, functions,

and duties under parts 1 through 3, the council shall:

(1) consult with such representatives of science, industry, agriculture, labor, conservation organizations,

educational institutions, local governments, and other groups as it deems advisable; and

(2) utilize, to the fullest extent possible, the services, facilities, and information (including statistical information)

of public and private agencies and organizations and individuals in order that duplication of effort and expense may

be avoided, thus assuring that the council's activities will not unnecessarily overlap or conflict with similar activities

authorized by law and performed by established departments.

3EA6____________ Reporting requirements. (1) The departments of environmental quality, agriculture, and

natural resources and conservation shall biennially report to the council the following natural resource and

environmental compliance and enforcement information:

(a) the activities and efforts taking place to promote compliance assistance and education;

(b) the size and description of the regulated community and the estimated proportion of that community that is in

compliance;

noncompliance that are pending; and

(d) a description of how the department has addressed the noncompliance identified in subsection (1)(c) and a list

of the noncompliance left unresolved.

(2) When practical, reporting required in subsection (1) should include quantitative trend information.

3EA8____________ Duties of environmental quality council. The environmental quality council shall:

(1) On the first quarterly meeting the council shall elect a chairman of the council and a secretary. The chairman

will take the leadership role and act as a spokesman for the council. The secretary will take notes at meetings and

help set up the agenda for every meeting. The set term for the elected positions is one year. At the beginning of the

first quarter of every year, the council will vote and re-select a chairman.

(1) gather timely and authoritative information concerning the conditions and trends in the quality of the

environment, both current and prospective, analyze and interpret the information for the purpose of determining

whether the conditions and trends are interfering or are likely to interfere with the achievement of the policy set

forth in 1EA3, and compile and submit to the Chairman and the legislature studies relating to the conditions and

trends;

(2) review and appraise the various programs and activities of the tribal departments, in the light of the policy set

forth in 1EA3, for the purpose of determining the extent to which the programs and activities are contributing to the

achievement of the policy and make recommendations to the Chairman and the legislature with respect to the policy;

(3) develop and recommend to the Chairman and the legislature tribal policies to foster and promote the

improvement of environmental quality to meet the conservation, social, economic, health, and other requirements

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and goals of the Crow Tribe;

(4) conduct investigations, studies, surveys, research, and analyses relating to ecological systems and

environmental quality;

(5) document and define changes in the natural environment, including the plant and animal systems, and

accumulate necessary data and other information for a continuing analysis of these changes or trends and an

interpretation of their underlying causes;

(6) make and furnish studies, reports on studies, and recommendations with respect to matters of policy and

legislation as the legislature requests;

(7) analyze legislative proposals in clearly environmental areas and in other fields in which legislation might

have environmental consequences and assist in preparation of reports for use by legislative committees,

administrative departments, and the public;

(8) consult with and assist legislators who are preparing environmental legislation to clarify any deficiencies or

potential conflicts with an overall ecologic plan;

(9) review and evaluate operating programs in the environmental field in the several agencies to identify actual or

potential conflicts, both among the activities and with a general ecologic perspective, and suggest legislation to

remedy the situations; and

(10) perform the administrative rule review, draft legislation review, program evaluation, and monitoring

functions of an interim committee for the:

(a) department of environmental quality;

(b) department of fish, wildlife, and parks; and

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.